Melbourne Law School
Tuesday 5 March
Room 605, Level 6
1:00PM - 2:00PM


About the seminar

The 2003 Convention for the Safeguarding of Intangible Cultural Heritage (CSICH) was not intended to have legal repercussions in international trade. Nevertheless, ICH may interact with trade regulation under various scenarios. The CSICH “Representative List” inscribes numerous ICH elements with real and potential international commercial aspects, and consequent trade law implications. These emergent trade law-ICH regime dynamics require not only some critical reflection (e.g., is safeguarding of ICH ultimately dependent on commodification or at least in some cases significantly prone to commercial capture?), but also doctrinal legal analysis.

This presentation will undertake a survey of many plausible ICH-trade interactions (generally excluding intellectual property issues), and provide an analytical framework with reference to a series of case-sketches of selected CSICH inscriptions such as Kimjang, Beer Culture in Belgium and Yoga. These and other cases may indeed raise issues under world trade law, including GATT, GATS, TBT/SPS, and subsidies regulation. Trade law may have underestimated the significance of ICH as a growing field. At the same time, ICH law may be developing without thinking through how it is impacted by commercial interests and international trade law.

About the presenter

Tomer Broude is the Sylvan M Cohen Chair and Vice-Dean, Faculty of Law and Department of International Relations at Hebrew University of Jerusalem. He specialises in public international law and international economic law, particularly international trade and investment, human rights, dispute settlement, development and cultural diversity. He is currently working on a book on Behavioural Economics and International Law, to be published by Oxford University Press in 2016 (co-authored with Anne van Aaken).

He is the author and editor of several books as well as numerous articles in publications such as the University of Pennsylvania Law Review, Vanderbilt Law Review, Virginia Journal of International Law, Journal of World Trade, World Trade Review, Journal of International Economic Law, Columbia Journal of Transnational Law, Journal of World Intellectual Property, Goettingen Journal of International Law and the Georgetown Immigration Law Journal.